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REICH v. MALCOLM PIRNIE, INC.

No. 89 Civ. 3554 (GLG).

821 F.Supp. 905 (1993)

Robert REICH, Secretary of Labor, United States Department of Labor, Plaintiff, v. MALCOLM PIRNIE, INC., Defendant.

United States District Court, S.D. New York.

May 21, 1993.

Attorney(s) appearing for the Case

Marshall J. Breger, Sol. of Labor, Patricia M. Rodenhausen, Regional Sol., U.S. Dept. of Labor, New York City by Percy Miller, for plaintiff.

Epstein Becker & Green, P.C. by Gilbert J. Ginsburg, Sandra J. Boyd, Gerard P. Cavaluzzi, Washington, DC, for defendant.

OPINION

GOETTEL, District Judge.

This case concerns the pay practices of defendant Malcolm Pirnie, Inc. ("MP"), an environmental engineering company. In particular, the case involves the question of whether certain professional and managerial employees are entitled to time-and-a-half overtime under the Fair Labor Standards Act ("FLSA") because they are, in effect, hourly not salaried employees. This issue turns on whether they are subject to pay reductions...

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